This regulation may be cited as the Explosives Regulation 2017.
reg 2Commencement
This regulation commences on 1 September 2017.
reg 3Definitions
The dictionary in schedule 7 defines particular words used in this regulation.
reg 4References to classifying explosive
In this regulation, a reference to classifying an explosive is a reference to—
(a)
for an explosive to which the UN model regulations apply—
(i)
assigning the explosive to a class, division and compatibility group under the UN model regulations; or
(ii)
assigning the explosive to a class, division and packing group under the UN model regulations; or
(b)
for an explosive to which the UN model regulations do not apply—
(i)
classifying the explosive as an explosive too dangerous to transport; or
(ii)
classifying the explosive as non-dangerous goods.
reg 5References to mass of explosive
In this regulation, a reference to the mass of an explosive is, unless stated to be a reference to the gross weight of the explosive, a reference to the mass of explosive material contained in the explosive.
Example—
The gross weight of a box of distress signals might be 25kg, but the distress signals in the box might contain 2kg of explosive material. If this regulation stated a maximum amount for distress signals of 5kg, the box of distress signals would be less than the maximum amount.
reg 6Substances declared to be explosives
(1)
For schedule 2, definition explosive, paragraph (b) of the Act, each of the following is declared to be an explosive—
(a)
a precursor;
(b)
ammunition that does not contain explosives;
(c)
security sensitive ammonium nitrate.
(2)
However, subsection (1)(b) does not apply for section 38 of the Act.
(3)
For subsection (1)(b), ammunition does not include inert components of small arms ammunition.Examples of inert components of small arms ammunition cartridge cases, projectiles
reg 7Explosives exempt from Act
(1)
An explosive is exempt from the Act if—
(a)
the explosive is an ingredient in a mixture prepared for a use that does not include initiating the mixture; andExamples of an ingredient for paragraph (a)—
• nitroglycerine contained in a tablet
• nitrocellulose contained in paint or nail polish
(b)
the mixture is not—
(i)
a class 1 explosive; or
(ii)
an authorised explosive.
(2)
A person who possesses an explosive mentioned in subsection (1) must not use or modify the explosive to produce an explosive effect.Maximum penalty—200 penalty units.
reg 7A
[expired]
reg 8Entities exempt from particular provisions of Act
(1)
The following entities are exempt from part 4, divisions 2, 7 and 8 of the Act—
(a)
a police officer, special constable or police recruit of the Queensland Police Service who is acting in the course of the person’s official duties;
(b)
a person mentioned in paragraph (a) who is not on duty as a member of the Queensland Police Service, in relation to the possession of—
(i)
small arms ammunition; or
(ii)
an explosive that is an exhibit in a court proceeding;
(c)
an officer of another State’s police service who is acting in the course of the officer’s official duties in Queensland for the Queensland Police Service;
(d)
a corrective services officer who is acting in the course of the officer’s official duties.
(2)
However, subsection (1)(b) applies only if the person is acting in accordance with any directions of the commissioner of the police service given in relation to the off-duty possession of ammunition or an explosive that is an exhibit.
(3)
An inspector who is acting in the course of the inspector’s official duties is exempt from part 4, divisions 2 and 6 to 8 of the Act.
(4)
In this section—
police recruit see the Police Service Administration Act 1990, schedule 2.
special constable see the Police Service Administration Act 1990, schedule 2.
reg 8AAExemptions for Queensland Police Service relating to security clearances—Act, s 7
(1)
This section prescribes exemptions for section 7 of the Act.
(2)
Despite section 15A(2) of the Act, the Queensland Police Service is an appropriate person to hold, or to continue to hold, a security sensitive authority even if an employee of the Queensland Police Service—
(a)
has or will have unsupervised access to an explosive in the course of the employee’s employment; and
(b)
does not hold a security clearance.
(3)
Despite section 33(1)(b) of the Act, the Queensland Police Service may allow an employee of the Queensland Police Service to have access to an explosive—
(a)
even if the employee does not hold a security clearance; and
(b)
even if the access is not in the presence, and under the direct supervision, of a person who holds a security clearance.
(4)
To remove any doubt, it is declared that Queensland Police Service must not allow an employee of the Queensland Police Service to have access to an explosive unless—
(a)
the employee is the age prescribed by section 18A; and
(b)
the access is within the course of the employee’s employment.
reg 8ABExemptions for government entities and Commonwealth entities relating to security clearances—Act, s 7
(1)
This section prescribes exemptions for section 7 of the Act.
(2)
Despite section 15(4)(b)(iii) of the Act, the chief inspector, in deciding whether a government entity or a Commonwealth entity is an appropriate person, is not required to consider whether an executive officer of the government entity or the Commonwealth entity would be considered to be an appropriate person under section 15 of the Act.
(3)
Despite section 17(2)(c) of the Act, the chief inspector may issue a security sensitive authority to a government entity or a Commonwealth entity even if each executive officer of the government entity or the Commonwealth entity does not hold a security clearance.
(4)
Despite section 23(1)(k) of the Act, the expiry, cancellation, suspension or surrender of a security clearance held by an executive officer of a government entity or a Commonwealth entity is not a ground for suspending or cancelling an authority held by the government entity or the Commonwealth entity.
reg 8ASecurity sensitive explosives—Act, sch 2
(1)
For schedule 2 of the Act, definition security sensitive explosive, paragraph (c), an unrestricted firework is prescribed.
(2)
For schedule 2 of the Act, definition security sensitive explosive, paragraph (f), the following explosives are prescribed—
(a)
security sensitive ammonium nitrate;
(b)
small arms ammunition with a bullet or projectile containing an incendiary, tracer, explosive, lachrymatory or noxious composition that is permitted to be used by the holder of a licence to use explosives mentioned in schedule 1, part 1, item 1, paragraph (c).
Note—
The effect of paragraph (b) is that a licence to use explosives mentioned in paragraph (b) is a security sensitive authority in relation to which the holder is required to hold a security clearance. See section 2A, and schedule 2, definition security sensitive authority, of the Act.
